Archived
I have paid of the principal on an auto loan and after 3 years of no contact a collection agency is trying to collect, legal?
Mitchell's answer
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Answered on June 18, 2010
Generally, when you pay your car note, the money goes first to interest, then to principal, then to late fees, You say that you paid off the...
Archived
I have a default judgment issued in 2003 for loans with a bank that were included in a Ch 7 Bankruptcy discharged in 2005
Mitchell's answer
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Answered on June 18, 2010
Inform the title company about the discharge and show them the discharge papers. Notify the credit bureau and dispute this listing. Also, you may...
I am being sued by Sallie Mae. Is there anything I can do, to avoid this? They are asking for far more than I can afford to pay.
Mitchell's answer
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Answered on June 18, 2010
There are new programs for student loan repayment based on income. Answer the lawsuit and include a defense that payments are not affordable. Check...
Archived
My ex huband and his wife have filed chapter 7 bankruptcy. I was going to file child support modification. What do I need to do?
Mitchell's answer
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Answered on June 18, 2010
The Bankruptcy Code clearly allows actions to modify or start support orders without violating the automatic stay. No problem. See 11 U.S.C....
Can a credit card collection agency tape a letter of court action on my door at home.
Mitchell's answer
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Answered on June 18, 2010
Was it a process server and were you served with actual court papers? If not, I see a Fair Debt Collection Practices Act lawsuit in your future....
Archived
Do I need a real estate attorney when buying a house that does not include a mortgage loan?
Mitchell's answer
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Answered on June 18, 2010
A real estate attorney makes sure that there are no title issues, that title insurance is obtained, that the deed is correct, that the seller...
Is a verbal notice of subpoena legally binding?
Mitchell's answer
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Answered on June 18, 2010
Unless you are served with a subpoena, you are not bound by its requirements. Basically, unless a process server hands you the subpoena or you...
Is it legal for someone to post pictures of minors without parental consent?
Mitchell's answer
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Answered on June 18, 2010
While it would be nice if everyone asked before posting photographs of others on the Internet, the sad fact is that if you are in a public place,...
Archived
Privacy of employment records?
Mitchell's answer
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Answered on June 18, 2010
Some government agencies have administrative subpoena powers. Some employers have policies that allow them to reveal documents in response to...
Archived
Chapter 7 and Reaffirmation Agreements on a mortgage.
Mitchell's answer
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Answered on June 18, 2010
The Bankruptcy Code does not allow the so-called ride through (retain and pay) on personal property. Some states do, but many do not. However, the...
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